30 day limit on used gun?

[mariodesmo]

Does buying a used gun that is on consignment at a local dealer count
towards the 1 gun per 30 day limit?

I found a S&W model 15-3 used that I would like to buy and am wondering
if that would count towards the 30 day limit since it is at a dealer?

I also want to buy a new gun that is on sale... hence the question.
The kids behind the counter say no problem because one gun is used.
I know ppt's are exempt, but what about a dealer sale?

Thanks

[Mssr. Eleganté]

Does buying a used gun that is on consignment at a local dealer count
towards the 1 gun per 30 day limit?

I found a S&W model 15-3 used that I would like to buy and am wondering
if that would count towards the 30 day limit since it is at a dealer?

I also want to buy a new gun that is on sale... hence the question.
The kids behind the counter say no problem because one gun is used.
I know ppt's are exempt, but what about a dealer sale?

Thanks

The fact that it is a used gun doesn't matter. A used gun being sold from a dealer's inventory still triggers the 1 in 30 day handgun rule. But the fact that it is a consignment sale might matter. Some dealers process consignment sales as PPT's. If that dealer handles consignments like a PPT then you will be able the S&W 15-3 as exempt from the 1 in 30 rule.

[IrishPirate]

no, because it's consignment. If it were used and owned by the store, then yes. Always find out which case it is. You can buy as many consignment guns in 30 days as you can afford.

[kemasa]

As was said, it really depends on how the firearm was transferred. If the FFL does it as a PPT, then it does not count, otherwise it does. The fact that it is a consignment only means that it can be done either way and more information is needed to determine if it counts or not.

You need to ask the FFL how they are going to transfer the consignment firearm.

[mariodesmo]

Thanks guys!

That's what I wanted to know. The "kids" were certain that because it is a
used gun, it's exempt. I asked about it being on consignment and they said
it was. Then I asked if sales tax would be charged, and they said yes
because it's in their inventory. That's when the red flag went up.

It didn't makse sense to me that a consignment gun would also be in their
dealer inventory, and subject to sales tax and would be exempt from regs.

I'm getting to be an old guy and I just don't trust 30-something kids that
think they know it all... I'll go back in tomorrow when the owner is there and
ask him how to proceed.

Thanks again

[kemasa]

Sales tax has to be collected, even if it is a PPT, because the FFL is finding the buyer and/or setting the selling price.

So, it could still be a PPT even though sales tax will be collected.

[mariodesmo]

Sales tax has to be collected, even if it is a PPT, because the FFL is finding the buyer and/or setting the selling price.

So, it could still be a PPT even though sales tax will be collected.

I did ask if it would be done as a ppt and they said no.
It would be a dealer sale even if consignment.
And that tax would be charged. And that it would NOT count against my 30
day limit. I think this is where they are wrong.

If they do the transaction as a dealer sale, it will count towards my 30 day
limit, preventing me from buying the new gun which is on sale... which is
what I thought in the first place.

So, in this case only a ppt would NOT count towards the 30 day limit
regardless of whether it is new or use, or sales tax is charged or not, as I
now understand it.

HAPPY 4th OF JULY!

And thanks again!

[kemasa]

If they do it as a dealer sale, then you are correct that it would count against the 30 day limit. They have the option of how to do it, unless the handgun is not on the certified list, in which case it has to be as a PPT or the buyer has to be exempt.

As you said, you should talk to the owner. The owner might agree to do it as a PPT.